Liability was stipulated in this case in which the 27-year-old plaintiff driver was struck in the rear. The plaintiff maintained that he sustained a lumbar herniation that was confirmed by MRI. The plaintiff's orthopedist related that surgery is indicated. The plaintiff has not undergone surgery and contended that he is hoping to avoid it because of his fear of the risks.

The defendant denied that the plaintiff sustained a herniation in the accident and contended that any pathology was old and degenerative in nature. The defendant maintained that the affects of playing high school football and/or injuries from a previous automobile accident could well be the cause of any complaints. The plaintiff countered that he made no claim of injury following the earlier accident.

The plaintiff also denied having sustained any football related injuries. The plaintiff, who was working as a police dispatcher at the time of the accident maintained that he had hoped to become a police officer, had already passed the written exam, and was precluded from taking the physical exam because of the injuries. The plaintiff, who made no income claims, argued that the jury should consider his inability to work in this field on the issue of loss of enjoyment of life.